Arizona has indicted and arrested motivational speaker James Arthur Ray, the spiritual guru who led a retreat in October at which 3 people died and more got sick during a ceremony inside a sweat lodge. His bond is set at $5 million.

The indictment is here. There are three counts, each alleging he recklessly caused the death of the victim. Manslaughter in Arizona is a class 2 felony which carries a penalty of up to five years. His attorneys released this statement, saying he had been cooperating in the probe.

"This was a terrible accident – but it was an accident, not a criminal act. James Ray cooperated at every step of the way, providing information and witnesses to the authorities showing that no one could have foreseen this accident," the statement read. "We will now present this evidence in a court of law, and we are confident that Mr. Ray will be exonerated."

Ray was arrested at his lawyer's office. I guess they couldn't pass up the opportunity for a perp walk. The $5 million bond seems completely excessive.

Dr. Conrad Murray is in Los Angeles, where law enforcement sources say a charge of involuntary manslaughter is imminent for his alleged role in the death of Michael Jackson. His legal team says they aren't sure what's happening, but if he's charged, he's prepared to surrender.

Forget the Geek Squad, here comes the Grow Squad. Are these the Best Buys of the future?

The Kansas jury in the Scott Roder murder trial deliberated 40 minutes before returning a guilty verdict.

The jury found Scott Roeder, 51, guilty of gunning down Dr. George Tiller, who operated a clinic in Wichita where late-term abortions were performed. Roeder, 51, faces life in prison when he is sentenced on March 9.

Roeder admitted shooting Tiller in the foyer of Reformation Lutheran Church as Sunday services began. He testified in his defense Thursday that he believed he had to kill Tiller to save the lives of unborn babies. He said he had no regrets.

So much for that defense, which was meant as much for the judge as the jury. He was hoping it would get him an instruction on the lesser crime of involuntary manslaughter, and a 5 year sentence. It didn't.

Now that the Judge has refused Roman Polanski's request to be sentenced in absentia, the Swiss will act on the extradition request. Can they refuse it? Do they have to refuse it as being legally insufficient? What is Polanski's best argument?

Roman Polanski's lawyers say LA prosecutors misled the Swiss in making the request for Roman's extradition by omitting to inform them that Polanski was not facing a sentence of a year or more upon his return.

Lawyers for Mr. Polanski have argued that the judge who originally handled the case, Laurence J. Rittenband, who has since died, never intended to jail him for more than 90 days. They contend that a sentence that short would not qualify Mr. Polanski, who has been held in Switzerland since September, for extradition to the United States under a treaty between the two countries.

...Action by the Swiss is anticipated within weeks, although Mr. Polanski’s lawyers have said in court that officials in Switzerland had been waiting for more clarity about Mr. Polanski’s possible sentence.

[More...]

Update: Via Variety, Polanski's lawyer says he will appeal denial to state appeals court. Background on statute at issue for today's hearing is here.

Update: Via Twitter, Judge denies Polanski's request. So he goes back to the appeals court now which suggested it in the first place? First to report it on Twitter: Royal Oakes. Second: Steve Futterman of CBS News. (I was third, but I waited for confirmation.) Now there are a ton of tweets, but none with details yet as to reasons. The web will be best for those.

The hearing in LA on Roman Polanski's request to be sentenced in absentia is underway. Via Twitter, 10 minutes ago from CBS reporter Steve Fetterman: "It appears from comments in court that judge is denying polanski request to be sentenced in absentia." No further details yet.

The hearing to modify the protective order preventing Charlie Sheen and his wife from having contact was set for yesterday. Both requested permission to appear by phone, and the Judge denied it. Then Brooke Mueller's lawyer filed to continue the hearing until Friday because Brooke was undergoing oral surgery. That was granted.

Brooke's oral surgery did not go well. She is in the hospital in intensive care with pneumonia and an infection from the surgery.

Sheen has been at the hospital, but not allowed to speak with her, although she knows he is there. Today, the Judge signed an order allowing them to have contact while she is in the hospital.

Sheen's lawyer has now filed a motion to continue Friday's hearing which will be addressed tomorrow. Our prior coverage is here.

Lawyers for the victim in Roman Polanski's 1977 case released a pleading it will file tomorrow in support of Polanski's request to be sentenced in absentia and to be sentenced to time served.

The victim's lawyer, Lawrence Silver, in joining Polanski's request, includes this new information:

In a new revelation, Silver wrote in his legal filing that he witnessed [Judge]Rittenband say in his chambers that no other incarceration would be imposed, only to then renege on his promise and threaten to send Polanski to an indeterminate prison sentence. Polanski fled the country soon after.

Polanski's lawyers have also filed a brief saying the prosecutors misled the Swiss in seeking his extradition warrant.

The hearing will be held Friday. Background is here.

In affirming the denial of Roman Polanski's motion to dismiss the criminal charges against him last month, the California Appeals Court noted that Section 1173 of the California Penal Code allows for felony sentencing in absentia. The pertinent part of the statute reads (via Lexis.com):

If the conviction is for a felony, the defendant shall be personally present when judgment is pronounced against him or her, unless the defendant, in open court and on the record, or in a notarized writing, requests that judgment be pronounced against him or her in his or her absence, and that he or she be represented by an attorney when judgment is pronounced, and the court approves his or her absence during the pronouncement of judgment...

The Court said "Based on the oral arguments of counsel, this court would not expect any objection to be made if Polanski should request to be sentenced in absentia."

Polanski then moved to be sentenced in absentia. Today, the L.A. prosecutor objected. A hearing is set for next week. I haven't found a copy of the prosecutor's response, but I also haven't seen any California cases that uphold the denial of a defendant's request because of an objection from the prosecutor. While the decision is up to the judge, I think the prosecutor is on shaky ground. Here's why: [More...]

Scott Ritter, former chief U.N. weapons inspector in Iraq from 1991-98, is facing charges involving internet sex with a 15 year old. It was a sting.

The online conversation occurred in February 2009, but the investigation lasted until November, when Ritter was charged, because police had to undergo the lengthy process of obtaining court orders to get Ritter's cell phone and computer information.

Ritter is awaiting his next appearance in Monroe County Common Pleas Court. He waived his right last month to a preliminary hearing and is free on $25,000 unsecured bail.

The Affidavit in Support of his arrest is here (pdf). He had a similar charge dismissed in New York in 2001. The DA held a press conference today on the case. [More...]

In a very ugly case of alleged domestic violence, John Farren, former Deputy Counsel to George W. Bush, is charged with attempting to kill his wife, a lawyer with Skadden, Arps in Washington. The incident occurred at their home in New Canaan, CT.

Police said Farren attacked his wife at their New Canaan home Wednesday night. According to police, she passed out during the attack but regained consciousness and fled with their children to the house of a neighbor, who called 911. There, police found her bleeding from her head, face and body.

She is reportedly at Norwalk Hospital in stable condition with a broken jaw, a broken nose and other injuries.

He is being held on a $2 million bond and appeared in court with bandages on his face and neck -- perhaps self-inflicted. He allegedly tried to kill himself two days before the attack when his wife served him with divorce papers. He's on a suicide watch. [More....]

Taking the California Court of Appeals suggestion, Director Roman Polanski has filed a formal request with the court in Los Angeles to be sentenced in absentia on his 1977 guilty plea to to unlawful sexual intercourse with a minor. The Court of Appeals decision (distilled here) said:

Without returning to the United States or dropping his battle against extradition, Polanski may, through counsel, request that the trial court
conduct the never-yet-held sentencing hearing in absentia pursuant to section 1193. If the trial court approves this request, then Polanski, through his counsel, will be able to obtain the evidentiary hearing that is so urgently required to establish the facts of what occurred in 1977 and 1978. The trial judge now presiding over the matter, Judge Espinoza, has already indicated
that at a sentencing hearing Polanski would be able to fully litigate the allegations of misconduct and a prior pledge by Judge Rittenband as to Polanski’s punishment.

Smart move, in my view. [More...]